It could be several things.
1) when I was using Tomcat 3.2.1 I wasn't able to use "<%@ include" directive to include same jsp fragment more than once. I had situation where I thought reasonable to use the code fragment twice, but the translation step would not allow it. I don't know why such a thing should be illegal maybe it is--I have read a fair amount of the specifications and haven't come across such a rule--or maybe it is a translation bug not yet fixed. (I haven't checked it in 4.0 yet)
Or 2) The error could be because you have declared in both initial jsp page and included jsp fragment a variable with same name--either instance variable <%! or local variable inside scriptlet e.g. <% String duplicatename = "asdf"; %>.
In any case, at translation time I am guessing you have a duplicate variable name that causes the generated servlet compilation to fail.
FYI, per the specification recommendation (JSP.2.1.7), anything that is included via directive and would not compile by itself or does not output a complete valid html page should NOT have a .jsp extension. You should give these jsp fragments some other kind of extension like .jsf or .jspf. I just became aware of this convention.
pfist